Legal Map: Accessible Version

Never: indicates if the state never restricted interracial couples (true or false)
Statehood: the year that the state officially became a state
Begin: the year that the state began restricting interracial couples
End: the year that the state stopped restricting interracial couples
Loving: indicates if the state was forced to stop restricting interracial couples because of the Loving v. Virginia decision

States that appear in gray rows never had restrictions on interracial couples.

Index

State

ST

Never

Statehood

Begin

End

Loving

Law Name

Law Sample

0

Alabama

AL

no

1819

1852

1967

yes

Alabama Statutes (1927)

[tit. 14, sec.] 360. Marriage, adultery, and fornication between white persons and negroes. --If any white person and any negro, or the descendant of any negro intermarry, or live in adultery or fornication with each other,each of them shall, on conviction, be imprisoned in the penitentiary for not less than two nor more than seven years.

1

Alaska

AK

yes

1959

2

Arizona

AZ

no

1912

1865

1962

no

Arizona Statutes (1942)

[Sec.] 25-101. Void and prohibited marriages

A. The marriage of a person of caucasian blood with a Negro, Mongolian, Malay, or Hindu is null and void.

3

Arkansas

AR

no

1836

1838

1967

yes

Arkansas Statutes (1921)

[Sec.] 41-806. Concubinage--Penalty.--Concubinage between a person of the Caucasian or white race and between a person of the negro or black race, is hereby made a felony and whoever shall be convicted thereof in any court of competent jurisdiction shall, for each offense, be sentenced to imprisonment at the discretion of the court for a term of not less than one [1] month nor more than one [1] year in the penitentiary at hard labor.

[Sec.] 41-807. Concubinage--Proof of violation--Definition.--The living together or cohabitation of persons of the Caucasian and of the negro race shall be proof of the violation of the provisions of section...41-806 of this act. For the purpose of...sections 41-806--41-810, concubinage is hereby defined to be the unlawful cohabitation of persons of the Caucasian race and of the negro race, whether open or in secret.

[Sec.] 41-810. Delivery of mulatto child as prima facie evidence--Definition.--Any woman who shall have been delivered of mulatto child, the same shall be prima facie evidence of guilt without further proof and shall justify a conviction of the woman, but no person shall be convicted of the crime of concubinage upon the testimony of the female, unless the same is corroborated by other evidence.

Provided, that this act [sections 41-806--41-810] shall apply to cases of concubinage which is here defined to be the keeping and maintaining for immoral purposes persons of the opposite races named in this act.

[Sec.] 55-104. Whites and negroes or mullatoes forbidden to marry.--All marriages of white persons with negroes of mulattoes are declared to be illegal and void.

4

California

CA

no

1850

1850

1948

no

California Civil Code (1933)

60. All marriages of white persons with negroes, Mongolians, members of the Malay race, or mulattoes are illegal and void.

5

Colorado

CO

no

1876

1864

1957

no

Colorado Statutes (1864, territory)

SEC. 2. That...all marriages between negroes and mulattoes, or either sex, and white persons, are...declared to be absolutely void....

6

Connecticut

CT

yes

1788

7

Delaware

DE

no

1787

1807

1967

yes

Delaware Statutes (1953)

[tit. 13, sec.] 101. Void and voidable marriages.

(a) A marriage is prohibited and void between--

(2) A white person and a negro or mulatto.

[tit. 13, sec.] Entering into a prohibited marriage; penalty.

The guilty party or parties to a marriage prohibited by [sec.] 101 of this title shall be fined $100, and in default of this payment of the fine shall be imprisoned not more than 30 days.

8

Florida

FL

no

1845

1832

1967

yes

Florida Statutes (1903)

[Sec.] 2579. Marriages between white and negro persons.--It shall be unlawful for any white male person residing in or being in this State to intermarry with any negro female person; and it shall be in like manner unlawful for any white female person residing or being in this State to intermarry with any negro male person; and every marriage formed or solemnized in contravention of the provisions of this section shall be utterly null and void, and the issue, if any, of such surreptitious marriage shall be regarded as bastard and incapable of having or receiving any estate, real, personal or mixed, by inheritance.

[Sec.] 3529. Intermarriage of white and negro person.--If any white man shall intermarry with a negro, mulatto or any person who has one-eighth of negro blood in her; or if any white woman shall intermarry with a negro, mulatto or any person who has one-eighth of negro blood in him, either or both parties to such marriage shall be punished by imprisonment in the State prison not exceeding ten years, or by fine not exceeding one thousand dollars.

[Sec.] 3532. White persons and negroes living in adultery.--If any white person and negro, or mulatto, shall live in adultery or fornication with each other, each shall be punished by imprisonment not exceeding twelve months, or by fine not exceeding one thousand dollars.

[Sec.] 3533. Negro man and white woman or white man and negro woman occupying same room.--Any negro man and white woman, or any white man and negro woman, who are not married to each other, who shall habitually live in and occupy in the night time the same room shall be punished by imprisonment not exceeding twelve months, or by fine not exceeding five hundred dollars.

9

Georgia

GA

no

1788

1750

1967

yes

Georgia Statutes (1927)

[Sec.] 53-106. Miscegenation prohibited.--it shall be unlawful for a white person to marry anyone but a white person. Any marriage in violation of this section shall be void.

[Sec.] 53-9903. Miscegenation: penalty.--Any person, white or colored, who shall marry or go through a marriage ceremony in violation of the provision of section 53-106 shall be guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than one year and not more than two years.

[Sec.] 79-103. Persons of color, who are.--All negroes, mulattoes, and their descendants, having any ascertainable trace of of either Negro or African, West Indian, or Asiatic Indian blood in his or her veins, shall be known in this State as persons of color.

[Sec.] 105-707. Charge of intercourse with any person of color; proof of special damage.--Any charge or intimation against a white female of having sexual intercourse with a person of color is slanderous without proof of special damage.

No person of color, negro or mulatto, or either sex, shall be joined in marriage with any white person, male or female, in this State; and all marriages or marriage contracts, entered into between such a colored person and a white person, shall be null and void in law; and any person so marrying or contracting to marry shall be liable to pay a fine, be whipped not exceeding thirty-nine lashes, and be imprisoned, not less than one year; and shall be held to answer in no other than a criminal prosecution, by information or indictment.

13

Indiana

IN

no

1816

1818

1965

no

Indiana Statutes (1908)

[Sec.] 1059. Marriages void.--All marriages prohibited by law on account of...difference of color,...if solemnized within this state, shall be absolutely void without any legal proceedings.

[Sec.] 2641. Amalgamation.--No person having one-eighth part or more of negro blood shall be permitted to marry any white woman of this state, nor shall any white man be permitted to marry any negro woman or any woman having one-eighth part or more negro blood, and every person who shall knowingly marry in violation of the provisions of this section shall, on conviction, be fined not less than one hundred dollars nor more than one thousand dollars, and imprisoned in the state prison not less than one year nor more than ten years.

[Sec.] 2114. Parties contracting in void marriage--punishment of. Any party to a marriage...between a white person and a negro or mulatto, shall be fined not less than five hundred nor more than five thousand dollars, and if, after conviction, the parties continue to cohabit as man and wife, they, or either of them, shall be imprisoned not less than three nor more than twelve months in the penitentiary.

17

Louisiana

LA

no

1812

1724

1967

yes

Louisiana Criminal Procedural Code of 1932

[Sec.] 1128. Concubinage between a person of the Caucasian or white race and a person of the colored or black race is a felony, and whoever shall be convicted thereof in any court of competent jurisdiction shall for each offense be sentenced to imprisonment at the discretion of the court for a term of not less than one month nor than one year with or without hard labor.

[Sec.] 1129. The living together or cohabitation of persons of the Caucasian and of the colored races shall be proof of the violation of section 1128.

[Sec.] 1130. Concubinage is defined to be the unlawful cohabitation of persons of the Caucasian and of the colored races whether open or in secret.

[Sec.] 1131. Concubinage between a person of the aboriginal Indian race of America, known as the red race, and a person of the colored or black race is a felony, and whoever shall be convicted thereof in any court of competent jurisdiction shall for each offense be sentenced to imprisonment at the discretion of the court for a term of not less than one month nor more than one year with or without hard labor.

[Sec.] 1132. The living together or cohabitation of persons of the aboriginal Indian race of America and of the colored or black race shall be proof of the violation of section 1131.

[Sec.] 1133. Concubinage is defined to be the unlawful cohabitation of persons of the aboriginal Indian race of America, known as the red race, and of the colored or black race whether open or in secret.

18

Maine

ME

no

1820

1821

1883

no

Maine Revised Statutes of 1821

SEC. 3. No white person shall intermarry with a negro, indian, or mulatto; and no insane person or idiot shall be capable of contracting marriage.

19

Maryland

MD

no

1788

1664

1967

no

Maryland Statutes (1935)

SECTION 1. Be it enacted by the General Assembly of Maryland, That Section 365 of Article 27 of the Code of Public General Laws of Maryland (1924 Edition), title "Crimes and Punishments," sub-title "Marrying Unlawfully," be and said Section is hereby repealed and re-enacted with amendments so as to read as follows:

365. All marriages between a white person and a negro, or between a white person and a person of negro descent, to the third generation, inclusive, or between a white person and a member of the Malay race or between a negro and a member of the Malay race, or between a person of negro descent, to the third generation, inclusive, and a member of the Malay race, are forever prohibited, and shall be void; and any person violating the provisions of this Section shall be deemed guilty of an infamous crime, and be punished by imprisonment in the penitentiary for not less than eighteen months nor more than ten years...

(3209.) Sec. 6. No white person shall intermarry with a negro, and no insane person or idiot shall be capable of contracting marriage.

22

Minnesota

MN

yes

1858

23

Mississippi

MS

no

1817

1822

1967

yes

Mississippi Code of 1930

[Sec.] 2361. Unlawful marriages--between white person and negro or Mongolian prohibited.--The marriage of a white person and a negro or mulatto or person who shall have one-eighth or more of negro blood, or with a Mongolian or a person who shall have one-eighth or more Mongolian blood, shall be unlawful, and such marriage shall be unlawful and void; and any party thereto, on conviction, shall be punished as for marriage within the degrees prohibited by the last two sections [i.e. incestuous marriages]; and any attempt to evade this and the last two preceding sections by marrying out of this state and returning to it shall be within them.

24

Missouri

MO

no

1821

1835

1967

yes

Missouri Statutes (1949)

Sec. 4727. Illegal marriages.--No person having one-eighth part or more of negro blood shall be permitted to marry and white person, nor shall any white person be permitted to marry any negro or person having one-eighth part or more negro blood; and every person who shall knowingly marry in violation of the provisions of this section shall, upon conviction, be punished by imprisonment in the penitentiary for two years, or by fine not less than one hundred dollars, or by imprisonment in the county jail not less than three months, or by both such fine and imprisonment; and the jury trying any such case may determine the proportion of negro blood in any party to such a marriage by the appearance of such a person.

[Sec.] 5700. Marriage between white person and negro void. Every marriage hereafter contracted or solemnized between a white person and a negro, or a person of negro blood or in part negro, shall be utterly null and void.

[Sec.] 5701. Marriage between white and Chinese person void. Every marriage hereafter contracted or solemnized between any white person and a Chinese person shall be utterly null and void.

[Sec.] 5702. Marriage between white and Japanese person void. Every marriage hereafter contracted or solemnized between a white person and a Japanese person shall be utterly null and void.

26

Nebraska

NE

no

1867

1855

1963

no

Nebraska Statutes (1913)

[Sec.] 1542...When marriages void.--Marriages are void:

First--When one party is a white person and the other is possessed of one-eighth or more negro, Japanese or Chinese blood[.]

27

Nevada

NV

no

1864

1861

1959

no

Nevada Statutes (1929)

[Sec.] 10197. Mixed Marriages if Caucasians with Certain Races Prohibited...It shall be unlawful for any person of the Caucasian or white race to intermarry with any person of the Ethiopian or black race, malay or brown race, or Mongolian or yellow race, within the State of Nevada.

[Sec.] 10200. Fornication Between Certain Races Prohibited.--Penalty...If any white person shall live and cohabit with any black person, mulatto, Indian, or any person of the Malay or brown race or of the Mongolian or yellow race, in a state of fornication, such person so offending shall, on conviction thereof, be fined in any sum not exceeding five hundred dollars, and not less than one hundred dollars, or be imprisoned in the county jail not less than six months or more than one year, or both.

28

New Hampshire

NH

yes

1788

29

New Jersey

NJ

yes

1787

30

New Mexico

NM

no

1912

1857

1866

no

New Mexico Statutes (1857, territory)

SEC. 3. If any negro or mulatto, being free or a slave, shall marry or cohabit with any woman of the white race of this Territory, said negro or mulatto shall be liable to be presented by indictment, and on conviction shall sentenced to hard labor in the penitentiary, for a term not less than two years, nor more than three years.

31

New York

NY

yes

1788

32

North Carolina

NC

no

1789

1715

1967

yes

North Carolina Revised Code (1905)

[Sec.] 3369. Miscegenation. All marriages between a white person and a negro, or between a white person and a person of negro descent to the third generation inclusive, are forever prohibited, and shall be void. Any person violating this section shall be guilty of an infamous crime, and punished by imprisonment in the county jail of state's prison not less than four months nor more than ten years, and may also be fined, in the discretion of the court.

33

North Dakota

ND

no

1889

1909

1955

no

North Dakota Revised Code of 1943

[Sec.] 12-2213. Negro Man and White Woman of White Man and Negro Woman Occupying Same Room; Punishment. If any negro man and white woman or any white man and negro woman who are not lawfully married to each other shall live in and occupy the same room, each shall be punished by imprisonment in the penitentiary for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

[Sec.] 14-0304. Marriage Between White Person and Negro Person Void; Penalty. No white person residing or being in this state shall intermarry with any negro person. Every such marriage shall be void. Each of the contracting parties, upon conviction, shall be punished by imprisonment in the penitentiary for a term of not more than ten years, or by a fine of not more than two thousand dollars, or by both such fine and imprisonment.

34

Ohio

OH

no

1803

1861

1887

no

Ohio Statutes (1861)

SEC. 50. A person of pure white blood, who intermarries, or has illicit carnal intercourse, with any negro or person having distinct and visible admixture of African blood, and any negro, or person having distinct and visible admixture of African blood, who intermarries, or has illicit intercourse, with any person of pure white blood, shall be fined not more than one hundred dollars, or imprisoned not more than three months, or both.

35

Oklahoma

OK

no

1907

1897

1967

yes

Oklahoma Statutes (1908)

SEC. 12. The marriage of any person of African descent, as defined in the Constitution [article 23, section II (1907)], to any person not of African descent, or the marriage of any person not of African descent, to any person of African descent, shall be unlawful and is hereby prohibited within this state.

SEC. 13. Any person who shall so marry in violation of section 12 hereof, shall be deemed guilty of a felony, and upon conviction thereof shall be fined in any sum not exceeding five hundred dollars, ($500.00), and imprisonment in the penitentiary not less than one nor more than five years.

SEC.17. For the preservation of the public peace and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from after its passage and approval.

36

Oregon

OR

no

1859

1862

1951

no

Oregon Statutes (1901)

[Sec.] 1999. Intermarriage with a Negro, etc., Declared Void.

Hereafter it shall not be lawful within this state for any white person, male or female, to intermarry with any negro, Chinese, or any person having one fourth or more negro, Chinese, or Kanaka blood, or any person having more than one-half Indian blood; and such marriages, or attempted marriages, shall be absolutely null and void.

[Sec.] 2000. Penalty for Intermarrying in Violation of Preceding Section.

If any white person, negro, Chinese, Kanaka, or Indian, within the degrees forbidden in section 1999, shall knowingly intermarry, or attempt the same, by procuring a solemnization of marriage, under any of the forms or ceremonies legalized in this state, such person or persons, upon conviction thereof, shall be punished by imprisonment in the penitentiary or county jail not less than three months nor more than one year.

[Sec.] 5217. What Marriages are Prohibited.

The following marriages are prohibited:--

3. When either of the parties is a white person and the other a negro, or Mongolian, or a person of one fourth or more negro or Mongolian blood.

37

Pennsylvania

PA

no

1787

1725

1780

no

Pennsylvania Statutes (1725/1726)

[Section VIII.] And it be further enacted...That if any white man or woman shall cohabit or dwell with any negro under pretense of being married, such a white man or woman shall forfeit and pay the sum of thirty pounds or be sold for a servant not exceeding seven years by the justices of the respective county court, and the child or children of such a white man or woman shall be put out to service as above directed until they come to the age of thirty one years; and if any free negro man or woman shall intermarry with a white woman or man, such negro shall become slave during life, to be sold by order of the justices of the quarter-sessions of the respective county; and if any free negro or man shall commit fornication or adultery with any white man or woman, such negro or negroes shall be sold servant for seven years as abovesaid, ad the white man or woman shall be punished as the law directs in cases of adultery or fornication [i.e., by whipping, imprisonment, or branding with the letter A].

38

Rhode Island

RI

no

1790

1798

1881

no

Rhode Island General Statutes (1872)

SEC. 6. All marriages between a white person and a negro, Indian, or mulatto, shall be absolutely null and void; and the person joining them in marriage shall be subject to a penalty of two hundred dollars.

39

South Carolina

SC

no

1788

1717

1967

yes

South Carolina Criminal Code of 1912

[Sec.] 385. Miscegenation--Punishment for--Penalty for Performing Ceremony.--It shall be unlawful for any white man to intermarry with any woman of either the Indian or negro races, or any mulatto, mestizo, or half-breed, or for any white woman to intermarry with any person other than a white man, or for any mulatto, half-breed, Indian, negro or mestizo to intermarry with a white woman; and any such marriage, or attempted marriage, shall be utterly null and void and of none effect; and any person who shall violate this Section, or any one of the provisions thereof, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than five hundred dollars, or imprisonment not less than twelve months, or both, in the discretion of the Court...

40

South Dakota

SD

no

1889

1909

1957

no

South Dakota Revised Code of 1939

[Sec.] 14.0106...mixed race marriages...null and void from beginning. The following marriages are null and void from the beginning:

(4) The intermarriage or illicit cohabitation of any person belonging to the African, Korean, Malayan, or Mongolian race with any person of the opposite sex belonging to the Caucasian or white race.

[Sec.} 14.9901. Mixed race marriages: felony: penalty. Whoever shall enter into any mixed race marriage or indulge in any such illicit cohabitation as is described in section 14.0106(4) shall be guilty of a felony and punished by a fine not exceeding one thousand dollars or by imprisonment in the State penitentiary not exceeding ten years or by both.

41

Tennessee

TN

no

1796

1741

1967

yes

Tennessee Statutes (1942)

[Sec.] 36-402. Whites and negroes or mulattoes forbidden to marry or cohabit

42

Texas

TX

no

1845

1837

1967

yes

Texas Civil Statutes (1920)

Art. 483. Intermarriage of whites and blacks.--If any white person and negro shall knowingly intermarry with each other within this state, or having so intermarried, in or out of the state, shall continue to live together as man and wife within this state, they shall be punished by confinement in the penitentiary for a term not less that two nor more than five years.

43

Utah

UT

no

1896

1852

1963

no

Utah Code (1943)

40-1-2. Marriages Prohibited and Void.

The following marriages are prohibited and declared void:

(5) Between a negro and a white person.

(6) Between a Mongolian, member of the malay race or a mulatto, quadroon, or octoroon, and a white person.

44

Vermont

VT

yes

1791

45

Virginia

VA

no

1788

1662

1967

yes

Virginia Statutes (1942)

[Sec.] 4546. Marriage of a white person with a colored person; how punished.--If any white person intermarry with a colored person, or any colored person intermarry with a white person, he shall be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one year nor more than five years.

46

Washington

WA

no

1889

1855

1868

no

Washington Statutes (1855, territory)

SEC. 1. Be it enacted by the Legislative Assembly of the Territory of Washington, That all marriages heretofore solemnized in this territory, where one of the parties to such marriage shall be a white person, and the other possessed of one-fourth or more negro blood, or more than one-half Indian blood, are hereby declared void.

47

West Virginia

WV

no

1863

1863

1967

yes

West Virginia State Code of 1943

[Sec.] 4697 [48-1-19]. Miscegenation; Penalties. --Any white person who shall intermarry with a negro shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one hundred dollars, and confined in jail not more than one year.

48

Wisconsin

WI

yes

1848

49

Wyoming

WY

no

1890

1913

1965

no

Wyoming Statutes (1920)

[Sec.] 4972. Intermarriage prohibited in certain case. All marriages of white persons with Negroes, Mullatoes, Mongolians, or Malays hereafter contracted in the state of Wyoming are and shall be illegal and void.